UMESH A.TRIVEDI,J. - (1.)Heard Mr. Kirtan Mistry,learned advocate for the appellant.
(2.)This appeal is filed under section 14A of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act ') praying for regular bail in connection with the offence being FIR No.I-46/2018 registered with Bayad Police Station, Arravali, for the alleged offences punishable under sections 363 and 366, 376 of the Indian Penal Code as also under sections 4, 8, 12 and 17 of the Prevention of Sexual Offences against Children Act, 2012 (hereinafter referred to as 'the POCSO Act ') and under sections 3(1)(w)(1), 3(2) (va), 3(2)(5) of 'the Act '.
(3.)Mr. Mistry, learned advocate for the appellant submitted that as per the case of the prosecution, the appellant- accused has stated to have taken away minor daughter- Hetalben aged 15 years, 1 month and six days on 10.08.2018, for which, father of the victim filed First Information Report before the police for offence under the provisions of Indian Penal Code as also under 'the Act ' and 'the POCSO Act '. However, the appellant as well as victim could be arrested on 06.09.2021 and she was having girl child at that time out of cohabitation as if they were married couple and she was also carrying a second child at that time. Mr. Mistry, further submitted that at present she is in advance stage of pregnancy and she is kept in Nari Sanrakshan Gruh, Himmatnagar as accused is in still custody. Considering that fact, they stayed together as husband and wife for a considerable period and out of that cohabitation, a girl child born before she attains the age of majority and after attaining the age of majority she again carrying a second pregnancy. Keeping the appellant-accused in jail would not serve any purpose, on the contrary if he is released on bail, the victim as also their children may have shelter to reside. Mr. Mistry further submitted that even the first informant has also examined before the accused and he has not supported the case of the prosecution.